GCO v Public Guardian [2024] NSWCATAD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GCO v Public Guardian [2024] NSWCATAD 69 Hearing dates: On the papers Date of orders: 14 March 2024 Decision date: 14 March 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J D Little, Senior Member Decision: 1.A hearing in relation to the application is dispensed with pursuant to s 50(1)(c) of the CAT Act. 2. The proceedings are dismissed. Catchwords: GUARDIANSHIP - applications for summary dismissal – want of jurisdiction – meaning of interest in s 80A of the Guardianship Act Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Guardianship Regulation 2010 (NSW) Cases Cited: BJK v Public Guardian [2015] NSWCATAD 60 DMO v Public Guardian [2019] NSWCATAD 65 Category: Procedural rulings Parties: GCO (Applicant) Public Guardian (Respondent) Representation: Applicant (Self-represented) J Griffiths (Respondent) File Number(s): 2023/00434155

REASONS FOR DECISION 1. On 27 November 2023, the Applicant filed an application for administrative review of "the decision-making process and conduct" of the Respondent and certain representatives of the Respondent (the Application). 2. The Application does not clearly identify the decision(s) in respect of which administrative review is sought however, the documentation attached indicates that the Application was made in the context of the Public Guardian making decisions to change support service providers from Total Quality Disability Care Pty Ltd (TQDC) to a different service provider with respect to the person the subject of the guardianship order (Ms K). 3. The Applicant is the Employee. 4. The Respondent makes application to have the proceedings dismissed pursuant to s 55 of the Civil and Administrative Tribunal Act 2013 (NSW) (CAT Act) on the basis that the Applicant does not have standing to bring the application pursuant to s 80A of the Guardianship Act 1987 (NSW) (Guardianship Act).